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HAMILTON — Charges filed twice against a former Hamilton prosecutor who allegedly walked nude through city government offices have been dismissed by the visiting judge handling the case who said prosecutors violated his constitutional right to a speedy trial.

Scott Blauvelt, 35, was charged with two counts of public indecency in September after security cameras in the government building shared by the city and county allegedly captured video of him walking naked on two occasions.

Defense attorney Michael Gmoser — who entered pleas of not guilty and not guilty by reason of insanity on Blauvelt's behalf — said the incidents were caused by a reaction to prescription medication Blauvelt was taking to treat a mental illness and seizure disorder he developed after a serious crash in 2005.

The original charges were dismissed Nov. 21 because they were filed under an outdated law. The Butler County Sheriff's Office that same day filed new charges under current law.

However, in a motion to dismiss, Gmoser cited an Ohio Supreme Court ruling that new and additional charges filed in the same incident also are subject to the speedy trial limitations dating to the filing of the original charges.

Gmoser said that the city should have brought Blauvelt's case to trial by Nov. 23 — 45 days after his initial arrest.

On Jan. 10, Visiting Hamilton Municipal Court Judge Larry W. Moore agreed with Gmoser's argument.

"The issue is whether the statutory speedy trial limits ... have been violated where the state mistakenly charges (the) defendant under a code section that had been substantially changed nearly one year previously, dismisses those charges, then refiles under that revised section. The new charges added a new element that was not present in the original filing," Moore stated in his decision. "The Ohio Supreme Court has ruled that the time waiver executed by the defendant in the original cases does not apply to the second filing and that the time runs from the original date of arrest. Accordingly, the 45-day time limit was exceeded before the arraignment date on the new charges."

Gmoser said Blauvelt has been publicly humiliated for an incident caused by a bad reaction to prescription medication.

"I think he is holding up well under the circumstances that he has been placed in. We are grateful to Judge Moore, who helped let people know that there is justice," he said.

A psychiatrist earlier wrote to Hamilton officials that Blauvelt was placed on the medication Lamictal about two weeks before the 2005 car crash. Investigators of that crash found an injured and nude Blauvelt had been thrown from his car. He started taking the medication again a few weeks before the recent allegations, according to his doctor.

Special prosecutor assigned to the case, Leslie Meyer, an assistant Warren County prosecutor, agreed charges concerning the specific incidents in September cannot be refiled because Blauvelt's right to a speedy trial was violated.

But, Meyer said Hamilton may appeal the ruling because the charges could have been amended instead, which would not have been affected by time constraints.

The city fired Blauvelt on Oct. 17, citing violations of administrative directives dealing with the performance of illegal acts while on duty and conduct unbecoming of an employee, according to the termination letter.

Contact this reporter at (513) 705-2841 or lpack@coxohio.com.